Terms and Conditions
Intellectual Property Rights
EnterTRAINment Inc., LLC, its agents and assigns, (“Company”) retains all right, title and interest in and to the Toys.EnterTRAINmentJunction.com Web site and all portions thereof, the Content (as defined below), features, products and services provided on or through the Site (collectively “Products”), the web site, content and products hereafter (the “Site”) and all related intellectual property, which includes, without limitation, the business processes, procedures, methods and techniques used with the Site and the Products, and all patent rights, copyright rights, sui generis database rights, trademark rights, trade secret rights and other proprietary rights therein throughout the world (collectively, “Intellectual Property”). The Products may be used, downloaded, displayed, and printed by you solely for your personal, internal and non-commercial use. You may not otherwise use, modify, publish, broadcast, transmit, transfer or sell, rent, lease, reproduce, create derivative works from, distribute, circulate, disseminate, perform, link, display, or in any way exploit any Product or Intellectual Property, in whole or in part, except as expressly permitted in any written agreement you may have with Company or with the prior written consent of Company. You are prohibited from modifying any computer software provided on the Site in any manner or form, or from using modified versions of such software including, without limitation, for the purpose of obtaining unauthorized access to any portion of the Site or any Product.
Brands, company names, product names and logos on the Site are the trademarks, service marks, or trade names of Company, its partners or licensors. The use of any Company (or any Company partner or licensor) trademark, trade name, or service mark without Company’s (or the appropriate owner’s) express written consent is strictly prohibited.
The Site may contain links to other Internet Web sites or resources. Company does not endorse and is not responsible or liable in any way for any content, advertising, services or goods on or available from such Web sites or resources.
Liability Limitation and Disclaimers
THIS SITE AND THE PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “WHERE-IS” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT (I) THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE, TIMELY, COMPLETE OR RELIABLE, AND (IV) ANY ERRORS WILL BE CORRECTED.
COMPANY IS NOT RESPONSIBLE AND WILL HAVE NO LIABILITY FOR (I) HARDWARE, SOFTWARE, OTHER ITEMS OR ANY SERVICES PROVIDED BY ANY PERSONS OR ENTITIES OTHER THAN COMPANY OR (II) THE FAILURES OF THE INTERNET OR ANY DATA OR TELECOMMUNICATIONS EQUIPMENT, SYSTEM OR NETWORK USED IN CONNECTION WITH THE SITE OR THE PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR (I) ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR PRODUCTS, EVEN IF COMPANY HAS BEEN ADVISED OF SUCH DAMAGES OR THE POSSIBILITY OF SUCH DAMAGES; (II) THE COST OF PROCURING SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) PERSONAL INJURY, INCLUDING, WITHOUT LIMITATION, DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE PRODUCTS; OR (IV) AGGREGATE LIABILITY IN EXCESS OF $10.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE OR VIEW THE SITE.